Reasonable Adjustments of General Qualifications: integrated impact assessment

The issue

Qualifications Wales is a Welsh Government sponsored body, responsible for the regulation of qualifications, other than degrees, in Wales. Their role is to ensure that qualifications, and the Welsh qualifications system, are effective for meeting the reasonable needs of learners in Wales and to promote public confidence in qualifications and in the Welsh qualifications system. Qualifications Wales was established by the Qualifications Wales Act 2015 and its functions are set out within the Act. 

Qualifications Wales has a level of autonomy over how to manage the qualifications system and their role is broader than that of a conventional qualifications regulator, as they have additional powers to commission new qualifications and to restrict the range of qualifications offered. They must, however, have due regard to Welsh Government policy and priorities. Regulatory criteria for qualifications are stipulated by Qualifications Wales, which are then further developed into qualifications specifications and delivered by awarding bodies, such as WJEC in Wales.

Section 96 of the Equality Act 2010 (the Act) places various duties on qualification bodies including duties not to discriminate when conferring qualifications. Importantly section 96 also applies the duty to make reasonable adjustments in section 20 of the Act to qualification bodies. The Reasonable Adjustment Specification (‘the Specification’) – published in statutory guidance ‘Reasonable adjustments of general qualifications. Exercising Welsh Ministers’ regulatory power under the Equality Act 2010’ stipulates the guidelines and framework to ensure that learners in Wales with impairments and (or) disabilities are not precluded from accessing qualifications under the qualifications system, with the provision enabling awarding bodies to make adjustments to certain aspects of the qualifications assessments and where required remove assessment elements (via an exemption) in permitted circumstances.

Section 96 of the Act also gives powers to the ‘appropriate regulator’ to specify circumstances in which the reasonable adjustment duty will not apply. In effect it allows the appropriate regulator to set the parameters of the reasonable adjustment duty. In doing so, the appropriate regulator must have regard to the need to minimise the extent to which disabled persons are disadvantaged, and the need to protect the integrity of, and maintain public confidence in the qualification. The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010 appoints the Welsh Ministers as the appropriate regulator for Wales. This means that the Welsh Ministers have ownership of any specifications regarding the provision of reasonable adjustments as well as the list of qualifications these may apply to. 

The current specification document details that an exemption from a qualification must not be used as a reasonable adjustment where it would form more than 40% of the available (weighted) marks of a qualification. Under these rules, any component, or combination of components, making up more than 40% of a qualification could not be exempted as a reasonable adjustment. In addition, an exemption for part of a component must not be used as a reasonable adjustment. Exemptions must only be provided for whole components where a candidate cannot access any part of that component.

In addition to setting the rules which awarding bodies must follow when making adjustments to assessments, the Specification also stipulates where an exemption from a qualification can be made. An exemption for one or more of the assessments that make up the qualification (meaning the learner is not required to sit that assessment), can be made where no other reasonable adjustment is appropriate in meeting their needs. It is an agreement reached with an awarding body, such as WJEC, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification. 

The awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption considered as a very last resort and must be evidenced by the individual circumstances of a learner. When an exemption is granted, the learner’s performance on the components completed is considered to be representative of the performance in all assessments. This performance is used to produce the overall qualification grade.

Allowing exemptions minimises disadvantage to disabled learners. Imposing certain limitations on their use helps maintain public confidence and helps ensure that the qualifications provide a reliable indication of the knowledge, skills and experience of learners in Wales.

As part of their role, Qualifications Wales has led a programme of work – Qualified for the Future – which has developed the design requirements for a new suite of National 14 to16 Qualifications to support the Curriculum for Wales. 

In June 2023 the final approval criteria for the new National GCSE qualifications to be taught from September 2025 were published, confirming the GCSE qualification offer under the Curriculum for Wales. Subsequently, WJEC, as the awarding body, has developed the detailed specifications of each of the GCSE qualifications which have been subject to final approval by Qualifications Wales. These were published in September 2024, for those qualifications taught for the first time from September 2025 (Wave 1) and September 2025, for qualifications for first teaching in September 2026 (Wave 2) (Qualifications Wales website).

Both the current GCSE Welsh Second Language and GCSE Core Cymraeg qualification (for first teaching in September 2025) are made up of four units with Units 1 and 2 both assessed through integrated speaking and listening tasks, contributing to 50% of the qualification assessment in total. This would mean that it is greater than the current permissible limit of 40% of the overall assessment.

The single award GCSE qualifications for Cymraeg Language and Literature and English Language and Literature are made up of four units. In respect of GCSE Cymraeg Language and Literature, to align with the Curriculum for Wales and Welsh Government’s focus on oracy and creating Welsh language speakers, the qualifications have been designed with a significant focus on oracy. 

This is mirrored in the GCSE English Language and Literature qualification with two units (Units 2 and 3) assessed through tasks that assess both speaking and listening alongside written assessments, contributing 40% of the overall qualification assessment in total.

The double award GCSE qualifications for Cymraeg Language and Literature and English Language and Literature are made up of six units, with three units (Units 2, 3 and 5) with tasks assessing both speaking and listening alongside written assessments, also contributing 40% of the qualification assessment in total.

The current Specification Document stipulates that an exemption for part of a component must not be used as a reasonable adjustment. Exemptions must only be provided for whole components where a candidate cannot access any part of that component. This rule does not preclude an awarding body from considering cases for exemption to meet a learner’s need in the context of the current suite of GCSE qualifications, but the reformed GCSE Cymraeg Language and Literature and GCSE English Language and Literature (for first teaching in September 2025) are integrated. This means that the oracy assessment and written assessments are within the same assessment Unit. This presents the risk that a learner could access and complete some of the written assessments within the Unit but not able to complete the oracy assessment. Under the current rule or stipulation, this would remove the ability of an awarding body to consider a case to exempt a learner from the oracy element alone, if necessary to meet their needs. 

In their role as the regulator for qualifications, Qualifications Wales has advised Welsh Ministers that amendments should be made to the Specification. This is to ensure learners with certain impairments and (or) disabilities such as occasional mutism continue to be able to access the reasonable adjustment provision, including the potential for exemption of assessment.

Actions proposed

Welsh Government to publish an update to the statutory guidance under the Reasonable Adjustments Specification.

This is to make an exceptional rule on exemption of assessment for the specific GCSE qualifications identified. These exceptional rules are proposed to allow awarding bodies scope to apply the provision for exemptions to enable learners with certain impairments and (or) disabilities to access these specific qualifications. 

The exception rules are as follows:

• An exception for GCSE Core Cymraeg, so that 50% of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available.
• For the current GCSE Welsh Second Language qualification add an exception so that 50% (opposed to 40%) of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available, for those learners who will be assessed against that qualification in the 2026 examination series. The current GCSE Welsh Second Language qualification will cease to be taught in schools to new Year 10 learners from September 2025, when the qualification will be replaced by GCSE Core Cymraeg.
• For GCSE Cymraeg Language and Literature and GCSE English Language and Literature to make a change to the specifications so that partial exemption of one or more components is allowed as a reasonable adjustment where no other reasonable adjustment is available.

The five ways of working in the Well-being of Future Generations (Wales) Act 2015

The exceptional rules on exemption of assessment for specific GCSE qualifications, which are proposed to allow awarding bodies scope to apply the provision for exemptions to enable learners with certain impairments and (or) disabilities to access specific qualifications all with the well-being goals and the ways of working set out in the Wellbeing of Future Generations Act 2015:

Long term

The Curriculum for Wales has been developed to ensure it is fit for a rapidly changing world and to ensure education delivers its priorities and addresses the potential needs of business and the economy in the future. A nation’s prosperity and cohesion and well-being are built upon a successful education system. 

The new suite of GCSEs and related qualifications has been developed to support the introduction of the Curriculum for Wales. There is a focus on qualifications as an assessment of how learners have developed the skills, knowledge, and approach to learning that they will need throughout their lives and will help them to thrive in further education or employment.

In developing the design proposals for the new GCSEs and other related qualifications for 14 to 16- year-olds, Qualifications Wales has worked closely with teachers, learners, expert advisers, and those who rely on qualification outcomes such as employers, colleges, training providers and universities. They have also drawn on a wealth of research undertaken in recent years to inform their thinking on qualification and assessment design. 

The Welsh language has unique status within the curriculum given the Welsh Government's broader strategic aims for increasing the number of users of Welsh, including setting specific targets for linguistic outcomes by the time learners leave compulsory education. Welsh is a mandatory part of the curriculum for all school years, including Years 10 and 11. All learners should be supported to make continuous progress in their learning and using the Welsh language during these years. Qualifications have an important role to play in supporting schools to fulfil this requirement, in a way that builds on learners’ prior learning. For learners in English medium settings attaining GCSE Welsh Second Language or GCSE Core Cymraeg from September 2025, demonstrates a level of competence in Welsh and will be important in relation to progression and career choice for young people in Wales.

Similarly, obtaining qualifications in English is very important for learners’ onward progression into further education and employment. The Welsh Government has set an expectation that all Year 10 and 11 learners follow ‘a challenging, ambitious and stretching course that leads to a qualification in English’. For most learners this will be either a double or single award in the English Language and Literature GCSE.

Prevention

The proposed approach of allowing exceptional exemptions for specific qualifications to be considered in specific circumstances, will allow certain learners to access the qualification who may be prevented from accessing the qualifications by a disability which prevents them from undertaking the oracy elements, to demonstrate their abilities and competence in the other aspects of the unit assessment.

If there is no increase in the level of exemption then we consider that this will potentially unfairly prejudice the ability of persons with certain disabilities, such as occasional mutism, to obtain the specified GCSE qualifications or at least obtain a higher grade. Without this change a learner might not be able to access 50% of the available marks in the qualification. In those circumstances it is possible that the lower grade may well hinder their future job prospects or their access to post-16 provision and Further Education courses which may require a higher grade as an entry criteria for those specified GCSEs.

Integration

Qualifications are an important element of 14 to 16 learning and are a universally recognised assessment of a learner’s ability to demonstrate their knowledge and skills, which are fundamental for their success throughout their lives and to the wider prosperity of Wales. Qualifications achieved at 14 to 16 directly corollate to progression opportunities into further and higher education and onto the world of work, with specific qualifications such as those in English and Welsh valued by future employers in a competitive labour market. 

In addition to setting the rules which awarding bodies must follow when making adjustments to assessments, the Specification also stipulates where an exemption from a qualification can be made. An exemption for one or more of the assessments that make up the qualification (meaning the learner is not required to sit that assessment), can be made where no other reasonable adjustment is appropriate in meeting their needs. It is an agreement reached with an awarding body, such as WJEC, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification.

The awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption considered as a very last resort and must be evidenced by the individual circumstances of a learner. When an exemption is granted, the learner’s performance on the components completed is considered to be representative of the performance in all assessments. This performance is used to produce the overall qualification grade. Allowing exemptions minimises disadvantage to disabled learners. Imposing certain limitations on their use helps maintain public confidence and helps ensure that the qualifications provide a reliable indication of the knowledge, skills and experience of learners in Wales.

Due to the design of the qualifications specified, a failure to amend the Reasonable Adjustment Specification so as to increase the maximum exemption could potentially unfairly prejudice the ability of persons with certain disabilities (such as occasional or selective mutism) to obtain the qualification or at least obtain a higher grade, therefore impacting on their future employability. 

The qualification will still give a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred

Collaboration

The Welsh Ministers’ functions relating to the regulation of qualifications and Wales’s qualifications system were repealed in 2015 with the establishment of Qualifications Wales. As the independent regulator, Qualifications Wales has responsibility to ensure that qualifications, and the Welsh qualifications system, are effective for meeting the reasonable needs of learners in Wales and to promote public confidence in qualifications and in the Welsh qualifications system. WJEC as the awarding body has oversight of the administration of the examination system.

The Equality Act 2010 places a duty on qualifications bodies to make reasonable adjustments for disabled candidates. Treating candidates fairly, while making sure the qualification remains valid, is an important consideration. Section 96 of the Equality Act 2010 (the Act) places various duties on qualification bodies including duties not to discriminate when conferring qualifications. Importantly section 96 also applies the duty to make reasonable adjustments in section 20 of the Act to qualification bodies. Section 96 of the Act also gives powers to the ‘appropriate regulator’ to specify circumstances in which the reasonable adjustment duty will not apply. In effect it allows the appropriate regulator to set the parameters of the reasonable adjustment duty. In doing so, the appropriate regulator must have regard to the need to minimise the extent to which disabled persons are disadvantaged, and the need to protect the integrity of, and maintain public confidence in the qualification. 

The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010 appoints the Welsh Ministers as the appropriate regulator for Wales. This means that the Welsh Ministers have ownership of any specifications regarding the provision of reasonable adjustments as well as the list of qualifications these may apply to.

The proposed approach to allow exceptional exemptions has been developed jointly between Welsh Ministers and Qualifications Wales within the scope of their designated roles, following advice from the latter in their capacity as qualifications regulator. As part of a robust pre-consultation process WJEC as the awarding body for general qualifications in Wales has been consulted throughout to consider the technical impacts of the proposal. The proposals have been subject to public consultation and shared directly with interested stakeholders directly via internal networks. In addition, the Department for Education in England has been informed of the proposals to identify any impact to England in terms of comparability of similar GCSE qualifications cross border and to mitigate against any incorrect perceptions in respect of the proposal. 

The limited and specific amendments to the Reasonable Adjustment Specification was the subject of a public consultation which ran from 01 September 2025 to 24 October 2025.

Involvement

Through their Qualified for the Future programme of work, Qualifications Wales has developed the design requirements for a new suite of National 14 to16 Qualifications to support the Curriculum for Wales. Subsequently, WJEC, as the awarding body, has developed the detailed specifications of each of the GCSE qualifications which have been subject to final approval by Qualifications Wales. 

During the co-construction of proposals for the new GCSEs – including those highlighted as part of this action – it has meant Qualifications Wales has worked closely with teachers, learners, expert advisers, and those who rely on qualification outcomes such as employers, colleges, training providers and universities to inform the qualification and assessment design. 

In their role as the regulator for qualifications in Wales, Qualifications Wales has advised Welsh Ministers that amendments should be made to the Specification to ensure learners with certain impairments and (or) disabilities such as occasional mutism continue to be able to access the reasonable adjustment provision, including the potential for exemption of assessment, following the introduction of the new GCSE qualifications.

Impact

Alongside the implementation of the Curriculum for Wales Act 2021 and the reform of the curriculum, Qualifications Wales, as the independent regulator of qualifications in Wales, Qualifications Wales has led a programme of work – Qualified for the Future – which has developed the design requirements for a new suite of National 14 to16 Qualifications to support the Curriculum for Wales. The Curriculum for Wales is about giving young people the right range of knowledge, skills and experiences to prepare them for life in an ever-changing and inter-connected world. It is vital that our new qualifications reflect and enable this. This work covers the National 14 to 16 qualification offer, including GCSEs. 

The Equality Act 2010 (‘the Act’) places a duty on qualifications bodies to make reasonable adjustments for disabled candidates in terms of accessing qualifications. Treating candidates fairly, while making sure the qualification remains valid, is an important consideration. Section 96(7) of the Act gives the Welsh Ministers (as the appropriate regulator in relation to a qualifications body that confers qualifications in Wales) power to specify where a reasonable adjustment to general qualifications should not be made.

In developing these specifications, Welsh Ministers have to take account of: 

• the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities
• the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred
• the need to maintain public confidence in the qualification

Awarding bodies remain under a legal duty to make reasonable adjustments for disabled candidates and must consider what adjustments might be reasonable in any particular set of circumstances. Current awarding organisation practice on the use of reasonable adjustments in general qualifications is based on the Joint Council for Qualifications’ publication 'Access Arrangements, Reasonable Adjustments and Special Consideration - General and Vocational Qualifications', which is updated annually.

In addition to an exemption being the last option explored (exhausting other reasonable adjustments to enable the learner to sit the specified assessment), if an awarding body does approve an exemption under this provision, it is specified on the qualification certification the learner receives. This provides transparency to the learner and to those who may be assessing the learner’s suitability and (or) application to a higher-level qualification in that discipline, or for future employment. 

Ofqual as Qualifications Regulator in England has published equivalent specifications covering qualifications awarded in England. Overarching JCQ Guidance ensures that awarding bodies are compliant with these specifications as well as those published in Wales (the rules on exemption are currently the same in both specifications). Although QW regulates approved qualifications, and would monitor WJEC according to Welsh Government’s specifications, it is important that WJEC does not deviate from the JCQ Guidance on reasonable adjustments.

Costs and Savings

The publication of a revised Specification is designed to support schools and awarding bodies to understand the expectations of them under the existing Reasonable Adjustments provisions set out in legislation. The changes that will be made are specific and limited, so we do not foresee it leading to any additional direct costs on schools. 

Mechanism

Awarding bodies for qualifications and centres are already aware of the scope of the Specification and the stipulations on accessing reasonable adjustments. The purpose of the specific and limited changes to the Specification is to ensure that schools, centres and awarding bodies are aware that learners with certain impairments and (or) disabilities such as occasional mutism continue to access the reasonable adjustment provision, including the potential for exemption of assessment, following changes to the qualification structure. 

8.1 How have people most likely to be affected by the proposal been involved in developing it

There has been pre-consultation engagement with external partners including Qualifications Wales as independent qualifications regulator and WJEC as the awarding body for general qualifications in Wales, including those qualifications specifically identified as within scope of the proposals. 

The proposed limited amendments to the Reasonable Adjustment Specification were the subject of a public consultation which ran from 01 September 2025 to 24 October 2025. 

The scope of the exceptional exemption arrangements will affect very few learners directly, with the specification limiting the use of the provision to being considered only after all other adjustments have been explored. The proposal to increase a specific aspect of the provision for defined qualifications (4 in total) should also be noted in the context that the provision itself, by nature, is not a commonly used provision. However, the consultation responses support the position that without the proposed amendments to the Reasonable Adjustment Specification, there could be prejudice against some learners who would be unable to demonstrate their abilities and skills due to disability (such as occasional or selective mutism).

8.2 What are the most significant impacts, positive and negative

The amendments are specific, limited, and well-justified in relation to the new qualifications and significant changes to the examination requirements. The proposal will maintain rigour and fairness while improving accessibility and promoting inclusive practice in line with legal obligations and Welsh Government educational priorities. As reaffirmed at consultation, the amendments are considered to strike a balanced, learner-centred approach and avoid disadvantaging disabled learners and (or) those with certain impairments from the named qualifications. 

The current rules for exemptions limit access for learners who cannot participate in oral elements, particularly when these form a significant proportion of the qualification, such as in the new Core Cymraeg and English Language and Literature and Welsh Language and Literature GCSEs. Without the proposed changes, these learners are at risk of being unable to achieve a full qualification or are disadvantaged by being assessed in a way that does not reflect their true capabilities. 

The amendments align closely with the duty under the Equality Act 2010, which requires qualification bodies to make reasonable adjustments to ensure disabled learners are not placed at a disadvantage in undertaking an assessment. By enabling exceptional exemptions for specific GCSEs, the amendments ensure that learners with impairments such as occasional mutism are not unfairly penalised by assessment models they cannot fully access due to their condition. 

There is also alignment with Welsh-specific legislation with regards to learners with additional learning needs (Additional Learning Needs and Education Tribunal (Wales) Act 2018 and ALN Code (2021)) which emphasise person-centred planning and the duty on education providers to reduce barriers to learning.

8.3 In light of the impacts identified, how will the proposal maximise contribution to our well-being objectives and the seven well-being goals and (or) avoid, reduce or mitigate any negative impacts

The proposed amendments apply only in exceptional cases where no other access arrangement or reasonable adjustment is possible and allow for partial or full exemption of specific components while preserving the overall integrity of the qualification. In these instances, the remaining assessed components offer a valid and rigorous measure of the learner’s attainment in the GCSE subject. 

It is important that integrity in accessing and assessing qualifications is maintained and that public confidence in the awarding of qualifications is protected. When exemptions are granted, this will be clearly indicated on the learner’s certificate, ensuring transparency for further education providers and employers. By enabling fair access for learners with communication-related disabilities, without compromising the standards or expectations of the qualification, the proposed approach supports both equity and reliability in assessment.

To ensure fairness and consistency for all learners, clear, detailed guidance on the exceptional exemption criteria will be published by Welsh Government. It will be for the relevant qualification awarding body to have a transparent, well-regulated process for applying full or partial assessment exemptions.

Aligning this process with established protocols already in place for the granting of exemptions will help ensure that exemption decisions are applied consistently across centres, safeguarding equity while maintaining confidence in the integrity of the qualification system and mitigating negative impacts. Importantly, the proposals include safeguards to preserve transparency and integrity within the qualifications system. All exemptions, whether full or partial, would be approved by the awarding body applying consistency of approach, balanced with the individual circumstances and needs of the learner and clearly noted on the learner’s qualification certificate.

8.4 How will the impact of the proposal be monitored and evaluated as it progresses and when it concludes

WJEC as the awarding body is responsible for the use of this provision, with Qualifications Wales as regulator and Welsh Minister’s as regulator for the provision itself having defined roles in this space. Qualifications Wales would be the expert body, responsible for ensuring the qualifications itself maintains public confidence (by being a robust indicator of a learner’s knowledge and skills). 

Collaboratively Qualifications Wales, WJEC and Welsh Government will ensure the changes to the Reasonable Adjustment Specification are articulated clearly and consider ways in which these may be disseminated to examination officers and examination centres to further develop understanding of their implications for learners, particularly those who may be disadvantaged and consider further what action can be taken to support consistent application. 

We will explore with both WJEC and Qualifications Wales whether through the monitoring of this process there are opportunities to consider further evaluation of patterns of use, learner outcomes and centre consistency. This may include further data analysis on the types of exemptions granted within an examination series. Whilst noting that access arrangements, reasonable adjustments and exemptions granted will be appropriate to the needs and requirements of the individual learner, we will also explore further whether it may be appropriate to consider future evaluation of the implementation of the exception rules to ensure consistent practice, transparent monitoring, and appropriate professional development for schools and practitioners.

Describe and explain the impact of the proposal on people with protected characteristics as described in the Equality Act 2010

The Equality Act 2010 places a duty on qualifications bodies to make reasonable adjustments for disabled learners (candidates) when undertaking qualification assessments as part of the awarding of a qualification. Treating candidates fairly, whilst making sure the qualification remains valid, is an important consideration.

Section 96 of the Equality Act 2010 places various duties on qualification bodies including duties not to discriminate when conferring qualifications. Importantly section 96 also applies the duty to make reasonable adjustments in section 20 of the Act to qualification bodies. The Reasonable Adjustment Specification (‘the Specification’) – published in statutory guidance ‘Reasonable adjustments of general qualifications. Exercising Welsh Ministers’ regulatory power under the Equality Act 2010’ stipulates the guidelines and framework to ensure that learners in Wales with impairments and (or) disabilities are not precluded from accessing qualifications under the qualifications system, with the provision enabling awarding bodies to make adjustments to certain aspects of the qualifications assessments and where required remove assessment elements (via an exemption) in permitted circumstances.

Section 96 of the Equality Act 2010 also gives powers to the ‘appropriate regulator’ to specify circumstances in which the reasonable adjustment duty will not apply. In effect it allows the appropriate regulator to set the parameters of the reasonable adjustment duty. In doing so, the appropriate regulator must have regard to the need to minimise the extent to which disabled persons are disadvantaged, and the need to protect the integrity of, and maintain public confidence in the qualification. 

The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010 appoints the Welsh Ministers as the appropriate regulator for Wales. This means that the Welsh Ministers have ownership of any specifications regarding the provision of reasonable adjustments as well as the list of qualifications these may apply to.

In developing these specifications, Ministers have to take account of: 

• the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities
• the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred
• the need to maintain public confidence in the qualification

Awarding bodies for qualifications remain under a legal duty to make reasonable adjustments for disabled candidates and must consider what adjustments might be reasonable in any particular set of circumstances. Current awarding organisation practice on the use of reasonable adjustments in general qualifications is based on the Joint Council for Qualifications’ publication 'Access Arrangements, Reasonable Adjustments and Special Consideration - General and Vocational Qualifications', which is updated annually.

As stipulated in the Specification Document, the awarding body is required to explore all other options which may support a learner in undertaking the qualification assessment, prior to considering an exemption from assessment. The awarding body would also be required to satisfy themselves that the qualification that they award to a learner is a reliable indication of the learner’s knowledge and skills and that their award does not compromise public confidence in the qualification overall.

Proposal to ensure learners with certain impairments and (or) disabilities continue to be able to access the Reasonable Adjustment provision

In their role as the regulator for qualifications, Qualifications Wales has advised Welsh Ministers that amendments should be made to the Specification. This is to ensure learners with certain impairments and (or) disabilities such as occasional mutism continue to be able to access the reasonable adjustment provision, including the potential for exemption of assessment. Following this advice, we consulted on proposals, which were endorsed by the regulator, to make specific and limited changes to the Specification to address this. 

In addition to setting the rules which awarding bodies must follow when making adjustments to assessments, the Specification also stipulates where an exemption from a qualification can be made. An exemption for one or more of the assessments that make up the qualification (meaning the learner is not required to sit that assessment), can be made where no other reasonable adjustment is appropriate in meeting their needs. It is an agreement reached with an awarding body, such as WJEC, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification.

The awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption being a very last resort and must be evidenced by the individual circumstances of a learner. When an exemption is granted, the learner’s performance on the components completed is considered to be representative of the performance in all assessments. This performance is used to produce the overall qualification grade.

Allowing exemptions minimises disadvantage to disabled learners. Imposing certain limitations on their use helps maintain public confidence and helps ensure that the qualifications provide a reliable indication of the knowledge, skills and experience of learners in Wales.

Under the current stipulations, an exemption must not be used as a reasonable adjustment where it would form more than 40% of the available (weighted) marks of a qualification. Under these rules, any component, or combination of components, making up more than 40% of a qualification could not be exempted as a reasonable adjustment. 

In addition, an exemption for part of a component (or Unit) must not be used as a reasonable adjustment. Exemptions must only be provided for whole components (or Units) where a candidate cannot access any part of that component (or Unit).

As part of their role, Qualifications Wales has led a programme of work – Qualified for the Future – which has developed the design requirements for a new suite of National 14 to 16 Qualifications to support the Curriculum for Wales. The Curriculum for Wales is about giving young people the right range of knowledge, skills and experiences to prepare them for life in an ever-changing and inter-connected world. It is vital that our new qualifications reflect and enable this. This work undertaken by Qualifications Wales covers the National 14 to 16 qualifications offer, including GCSEs. 

Both the current GCSE Welsh Second Language and reformed GCSE Core Cymraeg qualification (for first teaching in September 2025) are made up of four units with Units 1 and 2 both assessed through integrated speaking and listening tasks, contributing to 50% of the qualification assessment in total. This would mean that an exemption would not be permissible if other reasonable adjustments failed to meet the individual needs of a learner (exceeding the 40% limit).

Proposal to exempt part components

The current Specification Document stipulates that an exemption for part of a component must not be used as a reasonable adjustment. Exemptions must only be provided for whole components where a candidate cannot access any part of that component. This rule does not preclude an awarding body from considering cases for exemption to meet a learners need in the context of the current suite of GCSE qualifications, however the reformed GCSE Cymraeg Language and Literature and GCSE English Language and Literature (for first teaching in September 2025) are integrated. This means that the oracy assessment and written assessments are within the same assessment Unit. 

This presents the risk that a learner could access and complete some of the written assessments within the Unit but not able to complete the oracy assessment. Under the current rule and stipulation, this would remove the ability of an awarding body to consider a case to exempt a learner from the oracy element alone, if necessary to meet their needs (and again as a last resort if other reasonable adjustments failed to meet the learners individual needs).

The GCSE English Language and Literature qualification has two units (Units 2 and 3) assessed through tasks that assess both speaking and listening alongside written assessments, contributing 40% of the overall qualification assessment in total.

The double award GCSE qualifications for Cymraeg Language and Literature and English Language and Literature are made up of six units, with three units (Units 2, 3 and 5) with tasks assessing both speaking and listening alongside written assessments, also contributing 40% of the qualification assessment in total.

As a result, the current parameters of the Reasonable Adjustment Specification would negatively impact on learners undertaking these qualifications whose disability may stop them from completing the oracy assessment within the qualification units. 

In their role as the regulator for qualifications, Qualifications Wales has advised Welsh Ministers that amendments should be made to the Specification to ensure learners with certain impairments and (or) disabilities such as occasional mutism are able to access the reasonable adjustment provision, including the potential for exemption of assessment, when the new suite of GCSE qualifications are available for teaching.

Following this advice, we consulted on proposals to make specific and limited changes to the Specification to address this and make an exceptional rule on exemption of assessment for these specific GCSE qualifications. These exceptional rules are proposed to allow awarding bodies scope to apply the provision for exemptions to enable learners with certain impairments and (or) disabilities to access these specific qualifications.

The exception rules proposed are as follows:

• Add an exception for GCSE Core Cymraeg, so that 50% of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available.
• For the current GCSE Welsh Second Language qualification the proposal is to add an exception so that 50% (opposed to 40%) of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available, for those learners who will be assessed against that qualification in the 2026 examination series. The current GCSE Welsh Second Language qualification will cease to be taught in schools to new Year 10 learners from September 2025, when the qualification will be replaced by GCSE Core Cymraeg.
• For GCSE Cymraeg Language and Literature and GCSE English Language and Literature to make a change to the specifications so that partial exemption of one or more components is allowed as a reasonable adjustment where no other reasonable adjustment is available.

How will the proposal promote equality

The Curriculum for Wales has been developed to ensure it is fit for a rapidly changing world and to ensure education delivers its priorities and addresses the potential needs of business and the economy in the future. A nation’s prosperity and cohesion and well-being are built upon a successful education system. 

The new suite of GCSEs and related qualifications has been developed to support the introduction of the Curriculum for Wales. There is a focus on qualifications as an assessment of how learners have developed the skills, knowledge, and approach to learning that they will need throughout their lives and will help them to thrive in further education or employment.

The Welsh language has unique status within the curriculum given the Welsh Government's broader strategic aims for increasing the number of users of Welsh, including setting specific targets for linguistic outcomes by the time learners leave compulsory education. Welsh is a mandatory part of the curriculum for all school years, including Years 10 and 11. All learners should be supported to make continuous progress in their learning and using the Welsh language during these years. Qualifications have an important role to play in supporting schools to fulfil this requirement, in a way that builds on learners’ prior learning. For learners in English medium settings attaining GCSE Welsh Second Language or GCSE Core Cymraeg from September 2025, demonstrates a level of competence in Welsh and will be important in relation to progression and career choice for young people in Wales.

Similarly, obtaining qualifications in English is very important for learners’ onward progression into further education and employment. The Welsh Government has set an expectation that all Year 10 and 11 learners follow ‘a challenging, ambitious and stretching course that leads to a qualification in English’. For most learners this will be either a double or single award in the English Language and Literature GCSE.

Qualifications are an important element of 14 to 16 learning and are a universally recognised assessment of a learner’s ability to demonstrate their knowledge and skills, which are fundamental for their success throughout their lives and to the wider prosperity of Wales. Qualifications achieved at 14 to 16 directly corollate to progression opportunities into further and higher education and onto the world of work, with specific qualifications such as those in English and Welsh valued by future employers in a competitive labour market. 

A critical part of raising aspirations for all learners is ensuring that all learners are supported to access qualifications at 14 to 16 to help keep learners engaged in education. The proposed approach of allowing exceptional exemptions for specific qualifications to be considered in specific circumstances, will allow certain learners to access the qualification who may be prevented from accessing the qualifications by a disability which prevents them from undertaking the oracy elements, to demonstrate their abilities and competence in the other aspects of the unit assessment.

If there is no increase in the level of exemption then we consider that this will potentially unfairly prejudice the ability of persons with certain disabilities, such as occasional mutism, to obtain the specified GCSE qualifications or at least obtain a higher grade. Without this change a learner might not be able to access 50% of the available marks in the qualification. In those circumstances it is possible that the lower grade may well hinder their future job prospects or their access to post-16 provision and Further Education courses which may require a higher grade as an entry criteria for those specified GCSEs.

An exemption for one or more of the assessments that make up the qualification (meaning the learner is not required to sit that assessment), can be made where no other reasonable adjustment is appropriate in meeting their needs. It is an agreement reached between a school and awarding body, such as WJEC, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification.

The awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption considered as a last resort and must be evidenced by the individual circumstances of a learner. When an exemption is granted, the learner’s performance on the components completed is considered to be representative of the performance in all assessments. This performance is used to produce the overall qualification grade. Allowing exemptions minimises disadvantage to disabled learners. Imposing certain limitations on the use of exemptions helps maintain public confidence and helps ensure that the qualifications provide a reliable indication of the knowledge, skills and experience of learners in Wales.

Due to the design of the qualifications specified, a failure to amend the Reasonable Adjustment Specification to increase the maximum exemption could potentially unfairly prejudice the ability of persons with certain disabilities (such as occasional or selective mutism) to obtain the qualification or at least obtain a higher grade, therefore impacting on their future employability. 

Supported by Qualifications Wales and in consultation with WJEC, the proposed changes are not considered to impact on the reliability or validity of the qualifications in providing an indication of the knowledge, skills and understanding of a person upon whom it is conferred.

How will we measure impact

The proposed approach to allow exceptional exemptions has been developed jointly between Welsh Ministers and Qualifications Wales within the scope of their designated roles, following advice from the latter in their capacity as qualifications regulator. 

As part of a robust pre-consultation process WJEC as the awarding body for general qualifications in Wales has been consulted to consider the technical impacts of the proposal. The proposals have been subject to public consultation and shared directly with interested stakeholders directly via internal networks. Qualifications Wales consulted with Ofqual, their English counter-parts who confirmed that due to the differing design of qualifications and unique position of the Welsh language in Wales and our curriculum, the proposals could not be used to draw unhelpful comparisons with England. 

The consultation was published on the Welsh Government website between 1 September and 24 October 2025. Secondary schools were notified of the consultation via Dysg and Welsh Government social media channels. Links to the consultation were shared with key stakeholders including awarding bodies, UK Qualifications Regulators, Welsh Local Government Association, Welsh language organisations, the Department for Education in England, Scotland and Northern Ireland, and key Equity in Education contacts and networks. Overall, the responses to the consultation were positive and supported the proposed changes to the Specification.

In the consultation, we asked the following question. 

We would like to know your views on the effects that the proposed amendments to the Reasonable Adjustment Specification will have on the diverse needs of individual learners, including those from disadvantaged backgrounds and those who share protected characteristics (as set out under the Equality Act 2010). 

Feedback in response to this question noted that the proposed amendments were “viewed more as a way to correct an anomaly arising from the new qualifications rather than any expansion to the range of Reasonable Adjustments available to learners with specific needs”. 

Further, responses noted that the proposed amendments to the Reasonable Adjustment Specification represent a positive and proportionate step towards meeting the diverse needs of individual learners, with the changes strengthening compliance with the Equality Act 2010 by offering greater flexibility for learners who would otherwise be disadvantaged by the design of oracy assessments within the new English and Welsh GCSE qualifications. The inclusion of an exceptional exemption rule, where no other reasonable adjustment is possible, will particularly benefit learners with speech, language and communication needs, such as those experiencing selective mutism, Developmental Language Disorder (DLD), or anxiety-related speech difficulties. For these learners, the current 40% exemption threshold and lack of partial component exemptions create significant barriers to attainment.

Additionally, learners with hearing impairments, speech difficulties or processing disorders may find oral assessments disproportionately challenging. Removing the oral element could promote greater equity in assessment by focusing on written and receptive skills.

Responses noted that the proposed amendments state that awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption considered as a very last resort and must be evidenced by the individual circumstances of a learner. There will be learners from disadvantaged backgrounds whose individual circumstances will lead to an evidenced exemption and allow them to gain access to the qualification. The same can be said of individual learners who have other protected characteristic, other than disability, as set out under the Equality Act 2010.

Record of Impacts by protected characteristic

Human Rights and UN Conventions

Do you think that this policy will have a positive or negative impact on people’s human rights? (Please refer to point 1.4 of the EIA Guidance for further information about Human Rights and the UN Conventions).